Heller Immigration Law Grouphttp://hellerimmigration.com
Immigration Attorney | Green CardsTue, 03 Mar 2015 05:14:46 +0000en-UShourly1http://wordpress.org/?v=4.1.1CORPORATE AND BUSINESS IMMIGRATIONhttp://hellerimmigration.com/corporate-and-business-immigration/
http://hellerimmigration.com/corporate-and-business-immigration/#commentsMon, 13 Jan 2014 02:21:26 +0000http://immigration.greencard1.com/angel/?p=322Continue reading CORPORATE AND BUSINESS IMMIGRATION→]]>Globalization is a fashionable word to describe trends perceived to be dramatically and relentlessly increasing connections and communications among people regardless of nationality and geography. Trades of financial assets are the easiest to globalize. So with the globalization of the United States, United States companies or multinational companies have the increasing demand to take talented alien acquisition managers, executives, software engineers, system engineers, business analyst, administrators, IT managers, software architects, directors, mathematics, statistician, physical scientist or engineers, chemical engineers, bio-engineer, Graduate students from STEM program and professionals to the United States. But these needs are often dared by the restrictive immigration laws and policies of the United States. So, the field of corporate and business immigration law has taken on snowballing consequence.

The Heller Immigration Law Group has years of experience in helping the alien professionals to get the process completed successfully. We are the internationally recognized Corporate and Business Immigration Law Group and meets to requirements of the leading organizations or other companies operating in the United States, especially multi-national companies or international organizations with locations all over the world. Heller Immigration Law Group are working faithfully with the alien professional to understand the requirements and prepare the right documentation as per the standard practices to facilitate the corporate and business immigration visa application process.

The Heller Immigration Law Group represents corporate and business clients in all phases of the hiring and transfer of the alien business founders, business ventures or investors, executives, managers, directors, project owners, professionals, international students or performing artists to the United States. Whatever the position is to be recruited entry level position or the highly skilled professionals, the corporate and business immigration attorneys can assist the business in sponsoring the alien employees for the most suitable United States working visas such as F1-EAD, H-1, J, L, TN, E1 E2, H3, H2B (Non farmer section) or B visa. We simply work with the clients to formulate the long term plan to secure the United States green card PERM (EB1 and EB2), EB-1C (transfer manager’s green card) or permanent residency for the alien employees.

We believe nothing is impossible in the world. We counsel the alien clients about the best short-term & long-term corporate and business immigration visa strategies for their specific desires. We deliver business immigration counsel to businesses of all sizes, from the biggest companies to smaller businesses such as specialty restaurants. We also work with international entrepreneurs and investors seeking indefinite working visas under Treaty Trader (E-1) or Treaty Investor (E-2) categories, who wish to start companies in the United States. We care for the small investors and entrepreneurs who wants to apply for visas under these categories. Besides, if any alien wants to start a new office in the United States to establish the business then our skilled immigration lawyers help them to fulfill their dream through L visa category.

Opportunity is there but the alien needs to have one step towards their dream and rest is the responsibility of the Heller Immigration Law Group. The universities of the United States provide the best education in the world. So every year hundreds of thousands of aliens enter to the United States from around the globe to study to enhance their skills. If you want to attend the academic program or English Language Program at the college or university in the United States then try for the F1 visa category. Or according to the need the alien can get on-the-job training provided by a United States company under H3 visa category.

If an alien wants to enter the United States for the employment for a fixed period of as the temporary worker or seasonal worker then H2 visa category can fulfill the dream! As a peat of the NAFTA the TN visa enables the Canadian & Mexican citizens to enter in the United States to work or to engage in the professional business activates on the temporary basis in the United States. The Heller Immigration Law Group has hug experiences handling such cases for the aliens. Besides, if you want to work and get the United States green card PERM (EB1 and EB2), EB-1C (transfer manager’s green card) or permanent residency for the alien employees then you must communicate to the Heller Immigration Law Group! Where ever you are, whatever you do, stay in touch with the Heller Immigration Law Group and get the dream in real life.

Besides, the Heller Immigration Law Group cares about the aliens’ spouse and children because we know everyone wants to keep the family with them. So we also provide assistance to keep the aliens’ spouse and children with them in the United States under suitable visas according to the Immigration laws of the United States.

Our immigration attorneys can help with every aspect of your corporate & business immigration case. For a free evaluation and estimate of your case, or if you would like to speak to a knowledgeable corporate & business employment immigration law attorney then please communicate to the Heller Immigration Law Group because we feel your dream & we care about you! We also believe that our clients should be kept up-to-date of all important changes and proposed changes to the immigration laws; so, the Heller Immigration Law Group always stay in touch with the clients!

]]>http://hellerimmigration.com/corporate-and-business-immigration/feed/0SCIENTISTS AND RESEARCHERS – EB1A/EB1B/NIWhttp://hellerimmigration.com/scientists-and-researchers-eb1aeb1bniw/
http://hellerimmigration.com/scientists-and-researchers-eb1aeb1bniw/#commentsMon, 13 Jan 2014 02:14:17 +0000http://immigration.greencard1.com/angel/?p=318Continue reading SCIENTISTS AND RESEARCHERS – EB1A/EB1B/NIW→]]>I receive and take many calls each day and formally consult on both Eb1 and Eb2 I-140 ‘self-petitions’, whether under the Extraordinary Alien or National Interest Waiver categories. And yes, many of the cases I personally accept. Often I call them “One brain cell type cases”, with a quick admonition that that is just my characterization and don’t expect the USCIS to necessarily or ever feel that same way. It is my way to reflect not reality itself but what should be reality (in the ideal world).

Can you image what would happen in this country economically if we actually welcomed the highly educated, the brilliant, skilled, and entrepreneurial and hard working?

Of course, one should never be so naive as to think that even these obvious and eventual Approvals on behalf of brilliant individuals who wish to come or remain here will be adjudicated that way. Government is almost never efficient or smart. It is a battle, but more it is psychological, almost a presentation. Strong leadership these days is absent – and accountability, a nice word, is non-existent in government or at the USCIS.

The news stories these days are rampant with examples of government personnel gone awry, but that isn’t the true story. Watch for accountability. The incentive in all levels of government is to simply look like one is working. At USCIS it is also the ‘police mentality’ that exists, the presumption that there is something wrong, not something is right. That attitude still permeates the system. One high official, and I mean the highest, lamented to me that “We need to find ways to approve petitions, not deny them…”. He was speaking about attitude.

Although the vast vast majority of our Eb1 and Eb2 ‘self-petitions’ are summarily approved, often these days in a very short time, we must still put in a tremendous amount of time and effort into the submission package – and by no means should any lawyer feel confident that the USCIS adjudicators will not find any opening given to them.

This is a complex subject and certainly the information contained here is not meant to be legal advice. One thing is for certain, each and every case that is prepared by us – and submitted to the USCIS, is unique and adjudicated by the Immigration Service on a “case by case” basis. These cases are conceptual in nature.

If you would like assistance with your immigration situation, please contact: Heller Immigration Law Group, Paul M. Heller, Esq, heller@hellerimmigration.com.

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Republished from the USCIS website – edited:

Criteria for Demonstrating Extraordinary Ability You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

Evidence of your membership in associations in the field which demand outstanding achievement of their members

Evidence of published material about you in professional or major trade publications or other major media

Evidence that you have been asked to judge the work of others, either individually or on a panel

Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

Evidence that your work has been displayed at artistic exhibitions or showcases

Evidence of your performance of a leading or critical role in distinguished organizations

Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

Evidence of your commercial successes in the performing arts

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national.

Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS.. You must meet at least three of the criteria below and demonstrate that it is in the national interest that you work permanently in the United States.

Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability Letters documenting at least 10 years of full-time experience in your occupation A license to practice your profession or certification for your profession or occupation

Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability Membership in a professional association(s) Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

Other comparable evidence of eligibility is also acceptable.

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.

Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.

The universities of the United States provide the best education in the world. So every year hundreds of thousands of aliens enter to the United States from all around the globe to study to enhance their skills. For the alien who wants to study or conduct research at the United States College or University needs to have the United States visa such as the F-1 visa which is only applicable for the international students who want to attend the academic program or English Language Program at the college or university in the United States.

Relatively, these international students are not interested in returning to their home countries immediately after graduating from the United States University. The United States education just open the global career for the international students and the United States has so much to offer! Most of the international students simply hunger a chance to work in the holy land because after graduation the international students get many options. A United States green card, or permanent residency, allows the bearer the right to work and live in the United States and eventually apply for the United States citizenship. The international student visa allows the opportunity to study in the United States and they cannot apply for permanent residency under this visa category. But there are several ways for international students to apply for the United States green card because it creates the hug opportunity for the international students.

The international students first need to select the school in the United States where they want to study. Then the students need to apply for the admission along with the housing information. It is noted that different universities have the different admission policies. If the student can fulfil all the requirements for the admission then the institution will accept the application and the intuition will issue the Form I-20 from the Designated School Official (DSO) to enable the student to apply for the F-1 visa. The alien student will be added to the Student and Exchange Visitor Information System (SEVIS) database with the individual ID number after the payment of the fee for the Form I-901.

When the international student will be added into the SEVIS database then the alien student will receive the Form I-20 along with the schedule of the Initial Entry Visa Interview with the alien students local United States Embassy or United States Consulate. The alien student may search information about the visa from the website of the United States Department of State.

This process is not easy to follow because of the present strict rules of the United States immigration laws set by the USCIS. Besides, different universities have different admission policies and the university will inform the international students what they need from the students in order to determine that the students are academically eligible. Amongst other requirements, the students will need to show the school that the students have enough money to support their education and other expenditure while studying without having to work in the United States. This is where the Heller Immigration Law Group works and helps the international students to fulfil the dream. The highly skilled professionals and the immigration attorneys can assist the international students for the United States visa which will lead to the EAD, STEM, H-1 visa and the student can stay and work in the United States. Besides, the Heller International Law Group’s skilled lawyers simply work with the international students to formulate the long term plan to secure the United States green card or permanent residency.

There are some opportunities for the international students to work in the United States according to the USCIS. The Heller Immigration Law Group’s lawyers search for every single possibilities for the students. According to the USCIS any alien can get Employment Authorization Document (EAD) for the specific time period or while the alien has a specific immigration status. We will work on your documents and will discover the best suitable option for you such as EAD or H-1 visa. This will help the students to work in the United States. Besides, with the comprehensive immigration reform bills stalled in Congress, President Obama and Homeland Security Secretary Janet Napolitano turned to administrative rule changes to reform the nation’s immigration policy. Immigrants who are skilled in the so-called STEM fields (science, technology, engineering, mathematics) became a priority because for years, the United States businesses have complained that they cannot find enough highly skilled workers in the technical fields. When companies do find them, they are often foreign workers who are too often lost because of immigration restrictions and bureaucratic red tape. So, United Stated changed seven immigration rules in 2012 to attract and keep more immigrants with talents in the STEM fields.

Now, the United States government will allow immigrants here on student visas to obtain a 17-month extension for practical training after graduation with STEM degrees. Optional practical training (OPT) is a period during which foreign student with F-1 visa status to work here in their field without having to acquire an H-1 work visa. It is a way for talented young students to get real experience in the United States workforce without having to worry about the red tape involved in visas and green cards. The Heller International Law Group’s skilled lawyers are helping the international students to avail this opportunity because we know utmost international students want to acquire an H-1 visa after completing their OPTs. And if the international students can work in the United States on H-1 visa status then the international students can begin the United States green card process. The journey from H-1 to green card is generally a lengthy one but the Heller International Law Group successfully overcome the situation and make the case success for the international students!

We believe that nothing is impossible in the world, if there is true vision & mission. We care about international students’ dream and handholding them from the start point of the international student visa to the green card! It is common to reject or punish yourself when others have rejected you. We simply do not want to have such situation for you. We feel for you, work for you and achieve success for you!

]]>http://hellerimmigration.com/international-students-1/feed/0Family Immigrationhttp://hellerimmigration.com/family-immigration-1/
http://hellerimmigration.com/family-immigration-1/#commentsMon, 13 Jan 2014 02:04:23 +0000http://immigration.greencard1.com/angel/?p=313Continue reading Family Immigration→]]>Love has no frontier. True love may overcome the differences in nationalities, culture, and language. The final hurdle to a successful marriage between citizens of two different countries is, ironically, immigration law. Everyday, U.S. Citizens and permanent residents decide to marry citizens of another country or individuals from their home country. When these couples decide to establish their family life in the U.S., the foreign spouse must obtain a proper immigrant status through appropriate immigration and/or consular processing.

Definition of Marriage
We might all know what marriage means by common sense. However, in order to derive immigration benefits, marriage must be valid for immigration purposes. Marriage is recognized by the U.S. immigration if it is recognized by the law of the state where it occurs unless it contradicts U.S. public policy. Accordingly, marriages between persons of the same sex, marriages to those underage, polygamous or incestuous marriages, or marriages that were entered to obtain immigration benefits only are not valid for immigration purposes even if valid in the state where they occurred.

Marriage to a U.S. Citizen— in the U.S.
When a U.S. citizen and a foreigner decide to have a marriage ceremony in the U.S., the immigration strategies will differ depending on where the foreign fiancé(e) resides at the time of that important decision.

If the fiancé(e) is outside of the U.S., then the U.S citizen may elect to petition for the individual and bring him/her over to the U.S. on the K-1 Fiancé(e) visa, without having to travel abroad. This process involves an I-129F petition filed with the immigration and then visa processing at a U.S. consulate abroad. From our experience, the USCIS processes such a petition relatively quickly, but the visa processing time itself can vary depending on the U.S. consulate (which ultimately decides the case).

In order to get the visa issued, the foreign fiancé(e) must present a police clearance, medical exam report, and other ‘bona fides’ and documentation assuring the U.S. authorities that the marriage later will be valid. Once the fiancé(e) obtains the K-1 visa and arrives in the U.S., the individuals must get married within 90 days before the fiancé(e) loses his/her status. After their marriage, they must then file an adjustment of status application with the local USCIS office where they reside. Considering the fact that such ‘adjustments’ can take 6-12 months in many jurisdictions, many people might wonder why individuals choose to process for a K-1 visa.

In reality, and in our experience, many couples do try to avoid this process by coming to the U.S. in visitor’s/B-2 status, which can then create a problem of misrepresentation or fraudulent intent since USCIS might later find that the applicant had ‘immigrant intent’ when s/he entered the U.S. claiming to be a temporary visitor for pleasure. Because of this problem, changes have recently been made for those who are able to go abroad, marry their loved ones, and not have to wait for the processing of an immigrant visa, which can often take a long time. This option, called a K-3 visa, is more fully discussed below. And I, for one, believe that the K-1 visa, which is still useful for those unable or cannot afford to go abroad, should be more streamlined than it is to encourage individuals to use this legitimate way of coming to the U.S. to join their future spouse.

Fiancé(e)s already in the U.S.
Often, a fiancé(e) may already be present in the U.S. studying, working, traveling, etc. when the couple decides to get married. In such a case, an immigrant petition and an application for adjustment of status should be filed together with the local USCIS office nearest the individual’s place of residence. Although such a process can be technically carried out by the individuals themselves, as with all other matters, I believe competent and experienced legal representation is a must in order to avoid unnecessary delays, and more importantly to anticipate, avoid and/or be prepared for legal issues and/or complications that so often arise. When such applications are properly filed, the foreign spouse will quickly receive work authorization and, if eligible, a travel permit while the petition/application is pending so that he/she can begin to live a normal life. The case itself, however, will only be approved after a marriage interview at the local USCIS. At such an interview, an attorney representation is allowed, and also recommended by the Service itself. At the end of the interview, the foreign spouse will receive a conditional green card for two years. An application to remove the condition must be filed before the card expires.

What if the foreign spouse has failed to maintain status or engaged in unauthorized employment at the time of filing of the adjustment application? The good news is that the usual statutory bar from adjustment of status in the U.S. will not apply to spouses of U.S. citizens. However, even a spouse of a U.S. citizen that entered the country without an inspection or that cannot produce evidence of legal entry, such as passport with entry stamps and/or an I-94, may still not be allowed to adjust one’s status without a special provision.

]]>http://hellerimmigration.com/family-immigration-1/feed/0Citizenshiphttp://hellerimmigration.com/citizenship-2/
http://hellerimmigration.com/citizenship-2/#commentsMon, 13 Jan 2014 01:58:29 +0000http://immigration.greencard1.com/angel/?p=308Continue reading Citizenship→]]>Every alien wants to have the United States citizenship to fulfill the American dream! The United States citizenship gives the alien all the rights that United States offered such as petition for the alien family

Citizenship: from green card to citizenship!

Every immigrants of the United States dream to get United States Citizenship because it gives the alien as many rights as the United States has to offer! This United States citizenship enables the alien’s right to vote, can bring family members in the United States, leave and enter in the United States any time, etc. The United States citizenship is the most coveted gift of the government of the United States. So, the United States Citizenship is not easy to obtain! Most of the alien become the United States citizens in one of the two ways:

Citizenship by birth (within the United States territory or to United States citizen parents)

Citizenship by the naturalization (Form N400)

Naturalization is the process to obtain the United States Citizenship by fulfilling the specific requirements set by the United States Congress in the Immigration and Nationality Act (INA). Without the United States Green Card, normally immigrants cannot apply for the United States Citizenship. So, if you want to become the United States Citizen then you need to go through a long process and must reside in the United States as a permanent resident continuously for five years (an exception to this rule is if you are married to or living with the same United States citizen spouse then you can qualify after only three years). Any United States Citizens (by borne & naturalized) can enjoy the following benefits:

The right to vote

The right to hold elected office (except for the offices of President and Vice President, which are reserved for natural-born citizens)

Certain government jobs

Public education & Scholarships

Grants

The ability to petition for immediate relatives to join you in the United States without being subject to visa limits

Protection from forced removal from the country

Certain types of public assistance

But for the Citizenship you need to walk a long way! You need to enter in the United States, get the Green Card and then apply for the United States Citizenship. Remember you are not alone in this process to fulfill your dream because the highly skilled immigration lawyers & attorneys of the Heller Immigration Law Group will assist you in every steps of this process from Green Card to the Citizenship. You just need to communicate with us and we are sure about your success. According to the guideline of the USCIS, we will go through you documents and will assist you towards your success. The way towards the United States Citizenship is really complicated because you need the Green Card first then you will able to apply for the Citizenship and our assistance will make the path smooth for you!

First you need to apply for the United States Green Card! The skilled immigration lawyers of the Heller Immigration Law Group will go through your documents and will assist you to apply for the Green Card along with the necessary documents according to the USCIS guideline. If you are the immediate relatives of the sponsor then we will help the sponsor to file the application form with the USCIS along with the supporting documents to establish the immediate relative relationship, adjustment of status, affidavit of support, biographical information, medical exam or employment authorization or travel permission. When you will get the Green Card then we will take initiative for the United States Citizenship through the naturalization process!

The Heller Immigration Law Group is very calculative in this process USCIS will cautiously study your background. If USCIS notices something wrong for example, that you used fraud to get your Green Card or abandoned your residency by making your home outside the United States then USCIS can band your Green Card and send you out of the United States. If you are honest then good news is, “According to the United States Government statistics, every year from 2008, about 750,000 Green Card holders became naturalized United States Citizen! So, file the Citizenship Application (Form N-400) with the USCIS considering the following requirements:

Age at least 18 years

Have got the good moral character

Must be a green card holder (lawful permanent resident of the United States)

Able to speak, read and write in English

Must be living in the United States as the lawful permanent resident for at least five years (refugees, the United States military personnel or spouse of the United States citizen are exceptional)

Must not spent more than a year outside the United States

Must be physically present in the United States for at least half of the last five years

Must be willing to bear arms, perform noncombatant service or work of the United States national importance

Each and every supporting document must be submitted according to the USCIS for the review to prove the eligibility to file the Form N400. We are always with you and will help you to prepare all the required documents according to USCIS. You just need to submit the Form N-400 to the USCIS. Different USCIS Service Centers are designated for different states. Never send the original documents with the Form N-400 unless original is required according to the USCIS. After filing the Form N-400 you need to wait for the fingerprint appointment and for the interview appointment with the USCIS. If everything is up to the mark the USCIS will approve the Form N-400 and you will be a United States citizen. And up to this point the Heller Immigration Law Group will work for you!

The Heller Immigration Law Group always stay updates about the immigration laws of the United States. We always update the clients about every single changes of the immigration laws of the United States and takes initiatives according to the immigration laws. We believe in our work and fulfilling your American Citizenship dream is our success!

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http://hellerimmigration.com/citizenship-2/feed/0Highly Complex Lawhttp://hellerimmigration.com/highly-complex-law/
http://hellerimmigration.com/highly-complex-law/#commentsMon, 13 Jan 2014 01:56:14 +0000http://immigration.greencard1.com/angel/?p=305Continue reading Highly Complex Law→]]>Heller Immigration Law Group understands that immigration law and PERM labor certification is now cited as the most complex area of law to practice. The world of the USCIS and immigration is too often incomprehensible to even the most sophisticated client. We help and consult with individuals who initially believed that they can handle their immigration problems or case themselves.

From employment-based immigration to family-based immigration, from non-immigrant visa/status application to refuge petition, we grip immigration cases anywhere within and outside the United States by successfully representing our clients through email, phone, fax, mail and in-person meeting. We simply provide full range of immigration services. In addition, we made significant progress in the EB-1A, EB-1B, HB-1, NIW, F1, E1, E2 , L1A, L1B, J1, Marriage, Citizenship and many other categories.